Adopting a child can be an overwhelmingly rewarding experience. However, the adoption process can be complex and you’re likely to encounter many unique challenges. There are also many legal considerations you will need to take into account.
Here’s everything you need to know about the child adoption process and what you should expect when applying to adopt a child.
What is adoption?
Child adoption refers to the legal process in which all the rights and responsibilities relating to a child are transferred to the adoptive parents(s). An adoption order that is granted by a court will make you, the adopter, the child's legal parent.
This means:
● the child's birth parents will no longer have any responsibilities or rights for the child
● the court order is permanent and cannot be reversed, except in very rare circumstances
● the child will usually take your surname
Unlike fostering, child adoption is a permanent arrangement that requires a great deal of thought and consideration.
Why should I adopt a child?
Adoption can offer a permanent family to children unable to be brought up by their blood parents. By providing a child with a stable home environment, a safe adult figure to trust and unconditional emotional support, you’re giving them the greatest gift of all - a chance to live a fulfilling life.
Child adoption can also be incredibly rewarding for you. If you have the commitment, time and patience to tackle the unique challenges that adoption can entail, you could be in for a life changing experience.
Fertility issues
For those experiencing fertility issues and are unable to conceive or give birth to a child, adoption is a viable alternative if you are seeking to bring a child into your family. Whether you’ve experienced miscarriages or secondary infertility, it’s always wise to seek information, advice and counselling to determine your best course of action going forward. However, it’s useful to remember that adoption offers several benefits that other options do not accommodate. For example, unlike assisted conception there is no age limit - while some fertility treatments have reduced chances of success when you reach a certain age, there is no legal upper age limit for child adoptions. It can also be an easier alternative for single prospective parents wishing to bring up a child.
LGBT+
If you’re part of the LGBT+ community, either as a couple or single would-be parent, adoption is a fantastic opportunity to raise a child. The UK is one of the world’s leading countries in placing children with LGBT+ adopters, and there are anti-discrimination laws in place to ensure you won’t face unfair treatment throughout the adoption process.
Single parent adoption
Despite the societal stigma surrounding lone parents, adoption is a valid option for single adults seeking to raise a child. Whether you’ve simply been unable to find the right partner or are happily single, adoption agencies recognise that the desire to love and care for a child is not limited to couples and you should not face any discrimination based on your relationship status.
Am I eligible to adopt?
There are several misconceptions about who can and cannot adopt a child - in many circumstances, you’re more likely to be considered eligible than not. While adoption agencies and courts usually deal with adoption queries on a case-by-case basis, there is a common consensus about desired requirements.
These factors will not necessarily have a negative impact on your chances of adoption, although they will be examined thoroughly to ensure you will be in a suitable position to look after a child:
Age
You must be at least 21 to adopt a child. While there is no legal upper age limit, you will need to show that you have the physical and mental energy to care for potentially demanding children and that you will be able to sustain this energy once the child is a teenager.
Relationship status
You can apply to adopt a child whether you’re in a relationship, single or divorced. While couples are not required to be married or in a civil partnership, joint adopters will need to prove to adoption agencies and courts that they are in an ‘enduring family relationship’. This describes a relationship similar to a marriage or a civil partnership and does not apply, for example, to two platonic friends or two siblings who live together. Couples will also often be expected to have been in a stable and enduring relationship for at least 2 years.
Existing children
Having children already will not exclude you from adopting. In fact, agencies may welcome families with parenting experience to adopt older children and children with emotional or behavioural difficulties.
Finance and income
You do not need to be employed or have a certain level of income to adopt a child. Your financial situation and employment status will be taken into consideration as part of an adoption assessment. However, low income and unemployment do not necessarily rule you out as an adopter, as you can adopt while on benefits.
You may be entitled to adoption allowances and tax credits - to make sure this doesn’t interfere with existing support, it’s wise to look into a Benefits Check.
Past criminal convictions
Past criminal convictions will not necessarily exclude you from adopting a child. However, you must be completely honest about this on your application and show compliance with any additional checks you might have to undergo.
You cannot apply to become an adoptive parent if you or anyone living in your household has a criminal conviction or has been cautioned for specified criminal offences against children and/or some sexual offences against adults.
Race and ethnicity
There is no legal requirement for children to be placed with parents of the same race as themselves. You can be matched with a child with whom you do not share the same ethnicity, although agencies must take into account a child’s racial, cultural and linguistic background in making their decisions. Most agencies have a policy of trying first to place children with families of the same ethnic origin as the child.
Who arranges adoption and how does the assessment process work?
Child adoptions are arranged through courts and agencies.
If you want to adopt a close relative or step-child (e.g. the child of your spouse) you do not need to go through an adoption agency. Instead, you must tell your local council that you want to adopt the child - they will file a report to the courts to determine whether an adoption order will be granted.
For other situations, you must consult a local adoption agency or charity. When you initially enquire you should provide your details and state the kind of child you would like to adopt (e.g. a baby or an older child). You will then be subject to an assessment called a 'home study'. It will include checking your:
● medical history
● criminal record
● finances
● safety of your home
This home study will involve a series of visits and meetings with a social worker who is allocated to work with you. They will visit you at home and may meet with your friends or family members as part of the process.
If your application is successful, the agency will try and match you with a child. You can appeal a rejected adoption application by contacting the agency to find out why you were unsuccessful and ask them to reconsider, or even complain to the Care Inspectorate. It is possible to apply to another agency but you have to tell them about your first failed application.
You will need a court order for the adoption to be valid. To obtain this, the child must have lived with you for at least 13 weeks (in some cases, this time period could be longer) and be at least 19 weeks old. For an adoption order to be granted, the child’s birth parents must agree unless the court decides officially that their consent is not needed. The child’s formal consent is also needed if they are aged 12 and over.
Will my child be able to contact their birth parents?
There is no legal requirement for adoptive families to maintain contact of any kind with their child’s birth family after the adoption order has gone through, although contact arrangements can be discussed and arranged prior to the child’s adoption.
In Scotland, you have the right to access information relating to your birth and adoption when you become 16. You can:
● Obtain a copy of your original birth certificate
● Request a copy of your adoption record
● Request a copy of your court record.
Adoption records can provide details of the circumstances that led up to a child’s adoption and the name of their birth parents. These can often contain upsetting information, so it’s a good idea to think carefully before encouraging your child to view them.
Will I need to seek legal advice?
Adoption is a process that requires the adherence to robust legal standards. If you and your partner separate or divorce, seeking advice from a law firm would be a sensible course of action.
At DJP Solicitors we have expert experience in dealing with family law cases, including those that involve issues with child custody, access, residence and contact. We work to try and make the process as smooth as possible and achieve the best outcome for you and your children. If you need to speak to a professional about child adoption, contact us today for a consultation.
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